look news india
Mumbai: The Bombay High Court has quashed the conviction of a BEST bus driver in the case of death of a pedestrian 27 years ago, saying there was no evidence of negligent driving.
Mrs. Milind Jadhav's bench acquitted the bus driver Shivaji Karan saying that the government side could not prove that the accident was caused by his careless driving. No witness said that Karan was driving at full speed and broke the traffic signal.
The court said, there is no doubt that the incident led to the death of a person, but when there is no evidence of negligent driving, it is unfair to hold the petitioner guilty. The court also said that Karane himself took the deceased to the hospital.
The bench also said that the magistrate and the sessions court appeared to be carried away by emotions over the death of the injured.
The Magistrate Court found Karan guilty of causing death by negligent driving and the Sessions Court also upheld the order in 2002.
Karan was sentenced to three months' simple imprisonment and was released on bail after spending two months in custody. On December 2, 1997, Karna was taking a bus from Chirbhajhar to Crawford Market. A person crossing the road lost his way while turning at a traffic signal. Karan and the bus conductor took him to the hospital where he was declared dead.
The court said that Karan was 32 years old at the time of the incident and would now be 58 years old. If he has been dismissed or suspended from service by order of conviction, he shall be reinstated with previous pay. The order states that if Karan retires, BEST will have to pay him retirement benefits.
